December 7, 2012

The Conference is over for today; that was some time ago. What's going on now is composing orders, if any are to be released today. Simple grants are easier to write than, say, consolidated grants among several picked cases....

I expect the Court to act today on the gay-marriage petitions for two reasons. First, it has to rule on the petitions at this Conference if they are going to be argued in March. Otherwise, it has to wait until April. And the Court would prefer to have more time between the argument and when the Court ends the Term in late-June.

UPDATE: "Prop. 8 is grant[d]. So is Windsor. Those are the only two marriage cases granted."

Prop. 8 is granted on the petition question -- whether 14th Am. bars Calif. from defining marriage in traditional way. Plus an added question: Whether the backers of Prop. 8 have standing in the case under Art. III.

In Windsor, the government petition (12-307) is the one granted. In addition to the petition question -- whether Sec. 3 of DOMA violates equal protection under 5th Amendment, there are two other questions: does the fact that government agreed with the 2d CA decision deprive the Court of jurisdiction to hear and decide the case, and whether BLAG (House GOP leaders) has Art. III standing in this case.

AND: "The Court... has agreed to take up virtually all of the key issues about same-sex marriage, but has given itself a way to avoid final decisions on the merits issues."

No surprise here. Obama promised his child-molesting base that he'd force through their fake marriage.

And now that he's got John "Benedict Arnold" Roberts in his back pocket, he will do so.

Honestly, Thomas should just resign now, and give a blistering speech upon his resignation, in prime time on all the networks, explaining 1) his judicial philosophy; and 2) how the court (through Roberts) has finally abandoned all pretext of and applying and protecting the constitution.

He would shock some people into waking up, and would leave a record for posterity that would shame the quislings and turncoats and commies now on the court.

As Shakespeare had Caesar say, "The die is cast." No amount of judicial appointments or textual arguments can save us now. Thomas is better saving his soul than working in the sullen chained darkness that is Obama's Supreme Court.

No longer true, ed. The three states that put SSM to the ballot (Washington, Colorado, and Maryland), it won fair & square.

I can't speak to WA & CO, but in my home state of MD, it won because the rich liberal white people in my very populous Montgomery County voted so overwhelmingly for it that they dragged the rest of the state, including the black population of Baltimore & Prince George's counties kicking & screaming over the finish line.

Normalizing homosexual behavior is not a primary concern. The progress of evolutionary dysfunction can be tolerated when constrained to a minority of the population, and through immigration of men and women who suffer less confusion. Even the misallocation of tens of billions of dollars annually to compensate for homosexual and promiscuous heterosexual born diseases is tolerable, since the squandered wealth can be compensated through a general devaluation of currency, and subsequently a general devaluation of labor.

Anyway, the constitution does not restrict the status of couplets. That restriction was imposed to comply with natural law (i.e. evolutionary fitness).

The real problem is with the men and women who exploit this minority behavior to defend and normalize their own dysfunctional behaviors.

Of all the natural, human, and civil rights violations perpetrated, the truly intolerable behavior, which poses an imminent threat to humanity and civilization, is the elective abortion of sentient human life in the womb, which is the premeditated murder of a human being who literally possesses no means to defend its right to life; and, in America, is an illegal practice under our law.

The marketing skill which repackaged eugenics (i.e. involuntary generational suicide) as "Roe vs Wade" (i.e. voluntary generational suicide), and eventually the euphemistic "reproductive rights" (i.e. elective genocide) is remarkable, and the individuals and cooperatives which achieved this transformation should be noted for their superior ability to exploit people's base nature.

There is clear evidence that progressive corruption is approaching conclusive corruption. This is evident with the largely successful effort to normalize involuntary exploitation, denigration of individual dignity, and a progressive devaluation of human life.

There is an inherent paradox which is worth noting. The establishment of civilization enables and motivates individuals to engage in dysfunctional behaviors which were initially proscribed in order to establish the civilization. The normalization of dysfunctional behaviors engenders progressive corruption which becomes conclusive corruption. Then the civilization either disintegrates from internal pressures or is conquered by another people with a superior grasp of reality. Once the original order is marginalized or eviscerated, then the cycle will begin anew.

It's nice to be able to set your own definitions. This is why there are so many liberals and why they are too fucking stupid to recognize their own stupidity. Being a liberal is just too easy to pass up. You take the easiest position on any number of things and call anyone who disagrees with you bad. You don't like affirmative action because it's self-defeating and unfairly discriminating? You're a racial bigot. You think the TSA should not be strip searching retired nuns? Your're anti-Muslim bigot. You think it's absurd for gays to marry? You're a anti-gay bigot.

No longer true, ed. The three states that put SSM to the ballot (Washington, Colorado, and Maryland), it won fair & square.*******RE: concept of winning "fair & square".

Here in WA state, charter schools won as well as SSM. However - the local press can't bring itself to apply the "fair & square" criteria to that win.

It so interesting to see how the press thinks democracy is a great thing - until it gives them a result they don't like. Thus, the fight against the charter school win is a noble one. Any fight to overturn SSM - not so much.

And yet it hasn't. Both Europe and the United States are evidence that the human ego does not override, but reconciles with the natural order. The constraints imposed by reality in the form of finitely accessible resources still establish an upper bound on our potential in both time and space. The problems associated with unmeasured immigration and converged migration related to density and resources are a problem for several reasons, including: displacement, planning, etc. The principles of evolution may be denied in the short-term, but are inviolable in the long-term.

While we occasionally operate through revolutionary change, the natural order constrains our development to evolutionary change. When we ignore this basic truth, then we experience problems such as murder, rape, redistributive change (i.e. involuntary exploitation), authoritarian monopolies, monopolistic practices, etc., which are elements of progressive corruption.

With respect to behavior, it is imperative to classify them for rejection, tolerance, and normalization. The last is reserved for behaviors which contribute to evolutionary fitness. The second is reserved for behaviors chosen by individuals for personal interest, but do not qualify for normalization. The first is reserved for acts of involuntary exploitation, elective termination of human life (e.g. murder), fraud, etc.

It is a dissociation of risk which sponsors corruption. It is dreams of instant gratification which motivates its progress.

a) The government has no authority to expand the definition of marriage. Governments have the authority to define only those institutions that it owns. Marriage is a social contract predating formal governments, and is therefore not the property of said governments.

b) Government has every authority to extend the same sets of privileges to nonmarried cohabiting couples that it extends to married cohabiting couples - and per the 14th Amendment is legally obligated to do so.

It was exhilarating to read your big picture critique of a slice of our culture.

Toynbee was a very influential British historian who compared the great civilizations throughout history in an attempt to determine, among other things, what made civilizations thrive and what caused them to decline.

No government should have an interest in marriage or making any law that encourages it or discourages it. People should be able to live how they wish as long as it doesn't harm any one else. There should be no tax penalty for being married or not being married. You should be able to leave your stuff to whomever you want with no inheritance tax. you should be able to give your stuff to whomever you want with no gift tax. There should be no price discrimination for being married or not being married (insurance) except that which reflects the underlying cost of delivering that service.

This means there should be a flat federal tax with no deductions or exemptions. No distinction between long term and short term gains. This way, the more you make the more you will pay. No inheritance taxes and no gift taxes, taxes have already been paid on these.

We can reflect a subsidy for the poor with the negative income tax concept, where people below a certain income level, get payments from the government. As poor people earn more, they keep it, but the negative income tax payments lessen until people earn up to the cross-over threshold, where they start to pay taxes.

Corporations should pay no federal income taxes and they should receive no subsidies. They can spend what they want, how they want, to maximize their efforts. This will spur massive growth create jobs, and eliminate government induced distortions.

This will create a much better world and society without government trying to engineer how people should live.